| Author | Title | Citation | Summary | Year |
| Jennifer R. Phillips |
Arizona's S.b. 1070 and Federal Preemption of State and Local Immigration Laws: a Case for a More Cooperative and Streamlined Approach to Judicial Review of Subnational Immigration Laws |
85 Southern California Law Review 955 (March, 2012) |
Give me your tired, your poor Your huddled masses yearning to breathe free The wretched refuse of your teeming shore Send these, the homeless, tempest-tost to me I lift my lamp beside the golden door. -- Poet Emma Lazarus, The New Colossus, inscribed beneath the Statue of Liberty [U]nless the stream of their importation could be turned . . . they... |
2012 |
| Carlos Hiraldo |
Arroz Frito with Salsa: Asian Latinos and the Future of the United States |
15 Asian American Law Journal 47 (May, 2008) |
Just as media publications tend to demarcate national and international sections, as if one can be quarantined from the other, discussions of immigrant groups usually isolate the communities concerned. The United States popular media represents Asians and Latinos as separate entities inhabiting separate spheres, presuming no intersection between... |
2008 |
| Michael Park |
Asian American Masculinity Eclipsed: a Legal and Historical Perspective of Emasculation Through U.s. Immigration Practices |
8 Modern American Am. 5 (Spring, 2013) |
This Article provides a critical and historical analysis of the impact of U.S. immigration laws and policies in shaping Asian masculinity norms and the emasculation of the Asian male subject. The article begins with a historical introduction to immigration laws that have affected Asian Americans, particularly, Chinese immigrants. The article then... |
2013 |
| Bill Ong Hing |
Asian Americans and Immigration Reform |
17 Asian American Law Journal 83 (2010) |
The Asian American community has much to gain from progressive immigration reform. Asian Americans abroad make up the bulk of an immigrant entry list that commands a wait of almost two decades in some immigration categories. Many young men and women from Asian American communities face deportation even though they have grown up in the United... |
2010 |
| Harvey Gee |
Asian Americans and the Law: Sharing a Progressive Civil Rights Agenda During Uncertain Times |
10 DePaul Journal for Social Justice Just. 1 (Summer, 2017) |
The November election of Donald J. Trump as the 45 U.S. President heightened ever-growing concerns about a retrenchment of civil rights for Americans, limiting voting rights, invoking tougher criminal penalties, keeping Guantanamo Bay prison open and returning to aggressive interrogation techniques, mass deportations and stricter immigration laws.... |
2017 |
| Vinay Harpalani |
ASIAN AMERICANS, RACIAL STEREOTYPES, AND ELITE UNIVERSITY ADMISSIONS |
102 Boston University Law Review 233 (February, 2022) |
Asian Americans have long occupied a precarious position in America's racial landscape, exemplified by controversies over elite university admissions. Recently, this has culminated with the Students for Fair Admissions, Inc. v. President & Fellows of Harvard College case. In January 2022, the Supreme Court granted certiorari in this case, and it... |
2022 |
| Kelsey Inouye |
Asian Americans: Identity and the Stance on Affirmative Action |
23 Asian American Law Journal 145 (2016) |
Introduction. 145 I. The Asian American Identity: Historical and Social Contexts. 147 A. History of Asian Immigration to America. 147 B. History of Asian American Social Movements. 149 II. Meaning(s) of Affirmative Action. 150 III. The Supreme Court Cases and the Changing Meaning of Affirmative Action. 152 A. Affirmative Action Jurisprudence. 153... |
2016 |
| Victor C. Romero |
Asians, Gay Marriage, and Immigration: Family Unification at a Crossroads |
15 Indiana International & Comparative Law Review 337 (2005) |
Family unification has long been a significant component of U.S. immigration policy, and the Asian Pacific American (APA) community has long been a champion of laws that strengthen America's commitment to this goal. The recent emergence of same-gender marriages among state and local governments has caused society to consider more closely its... |
2005 |
| Natsu Taylor Saito |
Asserting Plenary Power over the "Other": Indians, Immigrants, Colonial Subjects, and Why U.s. Jurisprudence Needs to Incorporate International Law |
20 Yale Law and Policy Review 427 (2002) |
I. Human Rights and the Contradictions Within U.S. Law. 427 II. Origins of the Plenary Power Doctrine: The 19th Century Cases. 433 A. Immigrants. 434 B. Indian Nations. 437 C. External Colonies. 443 III. Plenary Power Today: The Doctrine and the Destruction. 447 A. Immigrants. 447 B. Indian Nations. 451 C. External Colonies. 455 IV. The Inadequacy... |
2002 |
| Megan K. Bradley |
Assessing the "Proper Judicial Role" in Reviewing Immigrant Detention |
27 Journal of Transnational Law & Policy 137 (2017-2018) |
I. Introduction. 138 II. Justice Kennedy's view on the Proper Role of the Court in Immigrant Detention. 141 A. A Robust Plenary Power in Immigration. 142 B. Limiting the Plenary Power Doctrine. 144 C. Institutional Shortcomings that Prevent the Judiciary from Answering Immigration Questions. 148 D. Rebutting the Institutional Shortcomings Argument.... |
2018 |
| David T. Ritchie |
Assessing the Moral Status of State Immigration Actions |
5 John Marshall Law Journal 549 (Spring 2012) |
A growing number of states in the United States, including Georgia, have stepped into the area of immigration policy. While various rationales are given for this move, one must wonder what is really behind the drive to have states legislate in an area that has traditionally been reserved for the federal government. This Article explores the effect... |
2012 |
| Joe A. Tucker |
Assimilation to the United States: a Study of the Adjustment of Status and the Immigration Marriage Fraud Statutes |
7 Yale Law and Policy Review 20 (1989) |
We do almost no single sensible and deliberate thing to make family life a success. And still the family survives. It has survived all manner of stupidity. It will survive the application of intelligence. Walter Lippmann A couple, who for the purposes of this article shall be identified as the Smiths, a citizen and nonimmigrant student, met and... |
1989 |
| Anita Christina Butera |
Assimilation, Pluralism and Multiculturalism: the Policy of Racial/ethnic Identity in America |
7 Buffalo Human Rights Law Review Rev. 1 (2001) |
In the spring of 1921, 19 year old Annamaria and her 16 year old brother, Giuseppe, had finally completed their voyage to the United States from the Italian town of Palermo. After disembarking from the cramped and unsanitary quarters of the steamship, they wearily endured the endless lines and official inspections of the Ellis Island immigrant... |
2001 |
| Kaleigh Dryden |
ASTRONAUTS AND ASYLUM: INVESTIGATING THE INTERSECTION BETWEEN OUTER SPACE AND IMMIGRATION |
84 University of Pittsburgh Law Review 763 (Spring, 2023) |
This Note explores the emerging intersection of outer space and immigration, specifically whether the United States can lawfully adjudicate asylum claims from astronauts. Although the prospect of astronauts seeking asylum in the United States may seem farfetched, this Note concludes that the U.S. immigration system can legally accept astronauts... |
2023 |
| Lindsay M. Harris , Hillary Mellinger |
ASYLUM ATTORNEY BURNOUT AND SECONDARY TRAUMA |
56 Wake Forest Law Review 733 (2021) |
We are in the midst of a crisis of mental health for attorneys across all practice areas. Illustrating this broader phenomenon, this interdisciplinary Article shares the results of the 2020 National Asylum Attorney Burnout and Secondary Traumatic Stress Survey (Survey). Using well-established tools, such as the Copenhagen Burnout Inventory and... |
2021 |
| Aaditya P. Tolappa |
ASYLUM, RELIGION, AND THE TESTS FOR OUR COMPASSION |
98 New York University Law Review Online 55 (April, 2023) |
Under pressure to turn away noncitizens who fabricate religious affiliation to improve their chances of gaining asylum, immigration judges are known to ask asylum seekers doctrinal questions about their purported religions to assess their overall credibility. Immigration judges administer these religious tests with broad statutory authority to... |
2023 |
| Michèle Alexandre |
At the Intersection of Post-911 Immigration Practices and Domestic Policies: Can Katrina Serve as a Catalyst for Change? |
26 Chicana/o-Latina/o Law Review 155 (Spring 2006) |
First they came for the Communists, but I was not a Communist so I did not speak out. Then they came for the Socialists and the Trade Unionists, but I was neither, so I did not speak out. Then they came for the Jews, but I was not a Jew so I did not speak out. And when they came for me, there was no one left to speak out for me. One of the... |
2006 |
| Priya S. Gupta |
AUTOMATING RACIALIZATION IN INTERNATIONAL LAW |
117 AJIL Unbound 156 (2023) |
From the continuation of colonial power structures in global economic development institutions, to immigration policies that favor applicants from white-majority European countries, to the use of counter-terrorism law to target primarily Muslim people, international law and its domestic analogues reflect and further inscribe racial distinctions and... |
2023 |
| Kristin Bohman |
Avetisyan's Limited Improvements Within the Overburdened Immigration Court System |
85 University of Colorado Law Review 189 (Winter 2014) |
In early 2012, the Board of Immigration Appeals (BIA) decided Matter of Avetisyan, overturning precedent that prohibited immigration judges from administratively closing an immigrant's case over the objection of either party. Avetisyan enables immigration judges to administratively close a case and remove it from their active dockets, subject to... |
2014 |
| Chris F. Wright , Stephen Clibborn |
Back Door, Side Door, or Front Door? An Emerging De-facto Low-skilled Immigration Policy in Australia |
39 Comparative Labor Law and Policy Journal 165 (Fall, 2017) |
Official routes of immigration can be conceptualized as small doors that permit entry selectively to certain categories of migrants deemed desirable. These small doors are situated within a much bigger protective wall of immigration control erected to deny entry to many other would-be migrants who fall outside of the selection criteria.... |
2017 |
| Lenni B. Benson |
Back to the Future: Congress Attacks the Right to Judicial Review of Immigration Proceedings |
29 Connecticut Law Review 1411 (Summer, 1997) |
To become a United States citizen, a lawful permanent resident alien must successfully demonstrate a knowledge of United States history and government. A standard examination question is: How many branches are there in the federal government of the United States? The correct answer of course is three branches. However, where immigration... |
1997 |
| Alvaro Bedoya |
Backlash at the Booth: Latino Turnout after H.r. 4437 |
115 Yale Law Journal Pocket Part 116 (May 1, 2006) |
The Latino community has mobilized as never before in response to H.R. 4437, the punitive immigration bill sponsored by Representative James Sensenbrenner (R-WI). The media has declared that the recent marches in Los Angeles, Dallas, Phoenix, and Chicago mark a new day of Hispanic political involvement. More than just getting Latinos in the... |
2006 |
| Frank Sharry |
Backlash, Big Stakes, and Bad Laws: How the Right Went for Broke and the Left Fought Back in the Fight over the 1996 Immigration Laws |
9 Drexel Law Review 269 (Spring, 2017) |
This Article reflects upon the political contestation that led to the enactment of the Antiterrorism and Effective Death Penalty Act and the Illegal Immigration Reform and Immigrant Responsibility Act, contextualizing the anti-immigration backlash and debates. Further, this Article discusses some of the ways in which immigration advocates sought to... |
2017 |
| Cynthia Willis-Esqueda, Ph.D. |
Bad Characters and Desperados: Latinxs and Causal Explanations for Legal System Bias |
67 UCLA Law Review 1204 (November, 2020) |
Although there is a long history of prejudice and discrimination against Latinxs within the U.S. legal system, there is a dearth of research seeking to understand the causal underpinnings of the biased decisionmaking that works against them. While this Article discusses the experience of those who identify as Latinx broadly, in several areas it... |
2020 |
| Jennifer Terrell |
Ballot Denied: Voting in the Age of Covid-19 |
34-OCT CBA Record 20 (September/October, 2020) |
During Indiana's primary election this year, held in June, Angela Horne and hermother planned to vote as they always do--by casting a ballot at their polling place. Because of safety concerns amidst the COVID-19 pandemic, however, Marion County opened only 22 polling places in this election--less than 10% of the normal amount. Angela's mother lives... |
2020 |
| Walter I. Gonçalves, Jr. |
Banished and Overcriminalized: Critical Race Perspectives of Illegal Entry and Drug Courier Prosecutions |
10 Columbia Journal of Race and Law L. 1 (2020) |
Scholarship on illegal entry and drug courier prosecutions fails to apply Critical Race Theory (CRT). Disregard of how these prosecutions contribute to racial stratification in and outside American prisons or how drug couriers experience intersectionality ignores sociological and cultural processes. Criminal justice professionals have racialized... |
2020 |
| Melissa Cook |
Banished for Minor Crimes: the Aggravated Felony Provision of the Immigration and Nationality Act as a Human Rights Violation |
23 Boston College Third World Law Journal 293 (Spring, 2003) |
Abstract: The aggravated felony provision of the U.S. Immigration and Nationality Act was was originally intended to provide for the deportation of non-citizens convicted of very serious crimes. Over the last 15 years, however, the provision has been consistently expanded to include a plethora of minor crimes that are neither aggravated nor... |
2003 |
| Peter Margulies |
Bans, Borders, and Sovereignty: Judicial Review of Immigration Law in the Trump Administration |
2018 Michigan State Law Review Rev. 1 (2018) |
C1-2Table of Contents Introduction. 2 I. Stewardship, Governance, and the Challenge Of Immigration Law. 13 A. The Framers' Stewardship. 14 B. The Supreme Court Takes a Turn. 15 1. Stewardship and Levels of Review. 17 2. Conflicts and Contradictions in the Current Paradigm. 22 II. Shared Stewardship and Judicial Review of Immigration Measures. 25 A.... |
2018 |
| Jennifer Lee Koh |
Barricading the Immigration Courts |
69 Duke Law Journal Online 48 (February, 2020) |
The nation's immigration courts are rapidly deteriorating. The American Bar Association has characterized the Department of Justice-run court system as irredeemably dysfunctional and on the brink of collapse. Historic highs in the immigration court backlog, coupled with the stridency of the federal government's immigration enforcement agenda,... |
2020 |
| Maria Luisa Sepulveda |
Barring Extraterritorial Protection for Haitian Refugees Interdicted on the High Seas: Sale V. Haitian Centers Council, Inc. |
44 Catholic University Law Review 321 (Fall, 1994) |
Give me your tired, your poor, [y]our huddled masses yearning to breathe free, [t]he wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door! Although this axiom is often used to describe the United States immigration policy, United States immigration laws have traditionally... |
1994 |
| Karin Wang |
Battered Asian American Women: Community Responses from the Battered Women's Movement and the Asian American Community |
3 Asian Law Journal 151 (May, 1996) |
The anti-domestic violence movement has made significant progress in the past twenty years. However, these gains largely have not been realized by Asian American women. The author argues that for Asian American women, domestic violence is complicated by factors such as language barriers, immigrant status, cultural differences, and racial... |
1996 |
| Mariela Olivares |
Battered by Law: the Political Subordination of Immigrant Women |
64 American University Law Review 231 (December, 2014) |
The Article explores the state of immigrant battered women in the United States, focusing on how their identity as a politically and culturally marginalized community impacts the measure of help that they receive. Specifically, the Article examines the 2012-2013 Violence Against Women Act (VAWA) reauthorization debate as an example of how... |
2014 |
| Mika Galilee-Belfer |
Bdsm, Kink, and Consent: What the Law Can Learn from Consent-driven Communities |
62 Arizona Law Review 507 (Summer, 2020) |
Millions of Americans participate in consensual, mutually agreed-upon activities such as bondage, dominance, and submission--collectively referred to as BDSM or kink--yet the relationship between individual consent to such participation and consent as legally understood and defined is imperfect at best. Because the law has not proven adept at... |
2020 |
| Dennis J. Loiacono, Jillian Maloff |
Be Our Guest: Synthesizing a Realistic Guest Worker Program as an Element of Comprehensive Immigration Reform |
24 Hofstra Labor and Employment Law Journal 111 (Fall 2006) |
The United States is frequently referred to as a nation of immigrants. This description, when considered alongside such public displays of openness as the erection of the Statue of Liberty and the inauguration of Ellis Island, suggests that the United States has a history of being particularly accepting of immigrants. However, immigration law and... |
2006 |
| Francine J. Lipman |
Bearing Witness to Economic Injustices of Undocumented Immigrant Families: a New Class of "Undeserving" Poor |
7 Nevada Law Journal 736 (Summer 2007) |
Seven fifty-five, Wednesday evening, November 8, the day before her eighty-second wedding anniversary and twenty-nine days before her 100th birthday, my grandmother slipped away from the American family and dream that she loved every day of her life. A first generation United States citizen, Rose was born at home on 15th Street in New York City to... |
2007 |
| Stacey M. Schwartz |
Beaten Before They Are Born: Immigrants, Their Children, and a Right to Prenatal Care |
1997 Annual Survey of American Law 695 (1997) |
Jennifer moved to the United States from China when she was eight years old. For fifteen years, she has lived in New York City as an undocumented immigrant, without obtaining legal status or United States citizenship. At age twenty-three, Jennifer has become pregnant. Because her job as a dress-maker fails to provide her with medical benefits, she... |
1997 |
| Christina Elhaddad |
Bed Time for the Bed Mandate: a Call for Administrative Immigration Reform |
1 ALR Accord 32 (2014) |
C1-2Table of Contents Introduction 32 I. Brief History of Immigration Law, Plenary Power, the Bed Mandate, and Detention 36 II. The Importance of Prosecutorial Discretion 39 III. Lack of Enforceable Regulation 46 IV. Why Congress Must Eliminate the Bed Mandate 49 Conclusion 51 |
2014 |
| Meera E. Deo, JD, PhD |
BETTER THAN BIPOC |
41 Minnesota Journal of Law & Inequality 71 (Winter, 2023) |
Race and racism evolve over time, as does the language of antiracism. Yet nascent terms of resistance are not always better than originals. Without the deep investment of community engagement and review, new labels--like BIPOC--run the risk of causing more harm than good. This Article argues that using BIPOC (which stands for Black, Indigenous,... |
2023 |
| Amy Reavis |
BETTER TOGETHER: TOWARD ENDING STATE REMOVAL OF SUBSTANCE-EXPOSED NEWBORNS FROM THEIR PARENTS |
46 New York University Review of Law and Social Change 362 (2022) |
The United States' child welfare system has long been an emperor with no clothes. The stated mission of the federal Children's Bureau is to strengthen families, prevent child abuse and neglect, and ensure permanency for children. This mission is impossible to critique in the abstract. But the reality is that this behemoth of a system--operating... |
2022 |
| Rigel C. Oliveri |
Between a Rock and a Hard Place: Landlords, Latinos, Anti-illegal Immigrant Ordinances, and Housing Discrimination |
62 Vanderbilt Law Review 55 (January, 2009) |
Introduction. 56 I. The AII Ordinances. 59 A. Background. 59 B. Housing Provisions. 61 1. Complaint-Driven Enforcement Procedures. 62 2. Pre-authorization. 63 C. Preemption: Hazleton and Beyond. 65 II. Probable Results of AII Housing Ordinances. 72 A. Multiple Groups Likely to Be Affected. 72 B. Violations of the Fair Housing Act Likely. 81 1.... |
2009 |
| Neha Vora, Lafayette College |
BETWEEN DREAMS AND GHOSTS: INDIAN MIGRATION AND MIDDLE EASTERN OIL ANDREA WRIGHT (STANFORD: STANFORD UNIVERSITY PRESS, 2021) |
46 PoLAR: Political and Legal Anthropology Review 1 (May, 2023) |
Perhaps no region of the world today is more associated with migrant labor exploitation than the oil-rich monarchies of the Arabian Peninsula. The plight of migrant workers, mostly from South Asia, was front and center most recently in the media coverage of Qatar's World Cup 2022. Within this coverage, Gulf leaders--and by extension Gulf... |
2023 |
| Ramanujan Nadadur |
Beyond "Crimigration" and the Civil-criminal Dichotomy--applying Mathews V. Eldridge in the Immigration Context |
16 Yale Human Rights and Development Law Journal 141 (2013) |
Policies and regulations from the past decade underscore the need for strong constitutional safeguards in removal proceedings, which are administrative proceedings where an Immigration Judge adjudicates whether a noncitizen should be deported from the United States under the Immigration and Nationality Act (INA). Deportation has accelerated; the... |
2013 |
| Anna Hales |
BEYOND BORDERS: HOW PRINCIPLES OF PRISON ABOLITION CAN SHAPE THE FUTURE OF IMMIGRATION REFORM |
11 UC Irvine Law Review 1415 (August, 2021) |
This Note presents prison abolition theory and discusses how principles of abolition can be applied in the context of immigration enforcement and reform. In doing so, this Note argues for an open borders approach to immigration, presents several viewpoints on what such a regime may look like, and discusses how this vision can shape immigration... |
2021 |
| Muneer I. Ahmad |
Beyond Earned Citizenship |
52 Harvard Civil Rights-Civil Liberties Law Review 257 (Summer, 2017) |
For more than a decade, a single rubric for legalization of the 11 million undocumented people in the United States has dominated every major proposal for comprehensive immigration reform, and continues to do so today: earned citizenship. Introduced as a rhetorical move intended to distinguish such proposals from amnesty, the earned citizenship... |
2017 |
| Wyatt G. Sassman , Danielle C. Jefferis |
BEYOND EMISSIONS: MIGRATION, PRISONS, AND THE GREEN NEW DEAL |
51 Environmental Law 161 (Spring, 2021) |
The Green New Deal is a bold resolution that asks us to envision climate policy beyond emissions reductions and pollution controls. The proposal seeks to reduce environmental impacts, including by dramatically reducing carbon emissions, while supporting domestic manufacturing, unionized labor, sustainable agriculture, and social equity. The Biden... |
2021 |
| Emily Ryo , Reed Humphrey |
BEYOND LEGAL DESERTS: ACCESS TO COUNSEL FOR IMMIGRANTS FACING REMOVAL |
101 North Carolina Law Review 787 (March, 2023) |
Removal proceedings are high-stakes adversarial proceedings in which immigration judges must decide whether to allow immigrants who allegedly have violated U.S. immigration laws to stay in the United States or to order them deported to their countries of origin. In these proceedings, the government trial attorneys prosecute noncitizens who often... |
2023 |
| Margo Lindauer , Emily Postman |
BEYOND NON-VIOLENT OFFENSES: CRIMINAL JUSTICE REFORM AND INTIMATE PARTNER VIOLENCE IN THE AGE OF PROGRESSIVE PROSECUTION |
16 Stanford Journal of Civil Rights & Civil Liberties 457 (2021) |
Intimate partner violence is routinely left out of the public discourse about criminal justice reform. The criminal legal system all too often fails to effectively protect victims from intimate partner violence, although it continues to impose deleterious collateral consequences on defendants. In this Article, we review the platforms and policy... |
2021 |
| Angélica Cházaro |
Beyond Respectability: Dismantling the Harms of "Illegality" |
52 Harvard Journal on Legislation 355 (Summer 2015) |
Current pro-immigrant reform efforts focus on legalization. Proposals seek to place as many of the eleven million undocumented people in the United States as possible on a path to earned citizenship. However, these reform efforts suffer from a significant and underappreciated blind spot: the strategies used to advocate legalization harm those to... |
2015 |
| Rachel E. Rosenbloom |
Beyond Severity: a New View of Crimmigration |
22 Lewis & Clark Law Review 663 (2018) |
While the Trump Administration's harsh crackdown on immigrants builds on an enforcement infrastructure inherited from previous administrations, this Article cautions against characterizing it as merely an escalation of crimmigration--the merging of criminal and immigration law evident in recent decades. I argue instead that key contrasts between... |
2018 |
| Freddy Funes |
Beyond the Plenary Power Doctrine: How Critical Race Theory Can Help Move Us past the Chinese Exclusion Case |
11 Scholar: St. Mary's Law Review on Minority Issues 341 (Spring 2009) |
I. Introduction. 341 II. A Nation of (Mistreated) Immigrants. 343 A. A Short Sample of Immigration History. 343 1. The Chinese, California, and the Exclusion Act. 343 2. The Bracero Program and Labor Shortages. 347 B. The Plenary Power Doctrine: Fictional Sovereignty. 351 III. The Plenary Power Doctrine Fallacy. 354 A. Doctrinally Unsound. 355 B.... |
2009 |